Michael Johnson's attorneys seek new trial

Johnson found guilty in murder of Phylicia Barnes

The Baltimore man found guilty in the murder of a North Carolina teenager wants a new trial.

Earlier in the month, jurors found Michael Johnson guilty of second-degree murder in the death of 16-year-old Phylicia Barnes, who disappeared while visiting family in Baltimore in December 2010.

Defense attorney Russell Neverdon Sr. told 11 News on Tuesday that the attorneys for Johnson filed a 20-page motion on Friday seeking a new trial for numerous reasons, among them, arguing that the jury was misled.

The motion is not surprising, according to Baltimore law professor Byron Warnken.

"(It happens in) almost every single case because there's nothing to lose. It could be denied, but you certainly can't gain anything if you don't file," he said.

In the motion, lawyers argued misconduct on the part of the prosecution. The defense claimed prosecutors inflated the credibility of witness James McCray, an inmate who testified in the trial.

During the trial, McCray testified that Johnson called him, admitted to raping and killing Barnes and told him that he needed help getting rid of the body. Defense attorneys said prosecutors made improper statements to the jury and tried to "bolster McCray's credibility" by telling jurors that McCray testified to facts that could have only come from "first-hand knowledge" because they had not been released to the public.

According to Johnson's attorneys, "It's obvious that the jury was misled and improperly influenced to believe his testimony, and this extremely prejudiced the defendant."

The defense also contends the jury did not give proper weight to the evidence.

"Plus, apparently there's some argument that the prosecution didn't release certain evidence that may have been helpful to the defense that, under the rules, they are supposed to release," Warnken said.

He estimated that new trial motions are granted in about one in 50 cases, and it's often an uphill battle after a conviction.

Neverdon said a judge will receive the motion, and the state will have an opportunity to respond.

"Defendants often after a verdict file motions for a new trial -- that's pretty standard. We'll respond in due course," said city state's attorney Gregg Bernstein.

A hearing will be scheduled to determine the merit of the motion.

Johnson could get up to 30 years in prison when he's sentenced on March 20.

Copyright 2013 byWBALTV.com All rights reserved. This material may not be published, broadcast, rewritten or redistributed.